Rajasthan Court December 2004 Judgments
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Oriental Fire and General Insurance Co. Ltd. Vs. Rajkumari Mathur and ...
Court: Rajasthan
Decided on: Dec-02-2004
Reported in: 2006ACJ2273
Dalip Singh, J.1. This appeal has been filed against the award dated 21.8.1993 passed by learned Judge, Motor Accidents Claims Tribunal (First), Ajmer in Motor Accident Claim No. 42 of 1980 whereby compensation amounting to Rs. 2,82,380 with interest at the rate of 15 per cent per annum was awarded by the learned Tribunal on account of death of R.N. Mathur who died in accident on 26.5.1980.2. Appellant is the insurance company which is insurer of the vehicle owned by Abdul Hamid, respondent No. 6 and which was being driven by Noor Mohammad, respondent No. 5. Since the vehicle bearing registration No. RSZ 3501 which was involved in the accident was requisitioned by the State Government for election duties at the time when it met with an accident, the State of Rajasthan was also impleaded as party.3. In view of the aforesaid, the learned Counsel appearing on behalf of the insurance company submits that the insurance company in spite of the fact that the vehicle which met with accident be...
Chhaju Khan and ors. Vs. Nagpur Golden Transport Co. and ors.
Court: Rajasthan
Decided on: Dec-02-2004
Reported in: II(2005)ACC587
Dalip Singh, J.1. This appeal arises out of the award dated 1.2.1993 passed by the Motor Accident Claims Tribunal, Jaipur, (hereinafter referred to as 'The Tribunal') in Claim Petition No. 214/1989 wherein on account of death of one Saddiq, a boy aged 18 years, an amount of Rs. 1,23,000/- was awarded to the appellants as compensation.2. The submission of the learned Counsel for the appellants is that the Tribunal had committed a serious error in ignoring the material evidence on record which went to show that the deceased was earning Rs. 900/- per month by working in the manufacturing of carpets and the carpet industries are the growing industries and future prospects of earning would certainly have grown and in view of the decision of the Hon'ble Supreme Court in the case of General Manager, Kerala State Road, Transport Corporation v. Susamma Thomas and Ors. : AIR1994SC1631 , this amount of Rs. 900/- per month would have increased. The further submission of the learned Counsel for the...
Ram Sahai Vs. Dhan Singh and ors.
Court: Rajasthan
Decided on: Dec-02-2004
Reported in: I(2005)ACC855
Dalip Singh, J.1. This appeal arises out of the award dated 17.2.1995 passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur City, Jaipur in MACT No. 523/90 whereby claim of the appellant was rejected.2. Learned Counsel appearing on behalf of the appefflSht has submitted that the claim of the appellant was dismissed on the ground that the appellant did not appear in the witness box for leading evidence before the learned Tribunal. The learned Counsel for the appellant has submitted that the reason has been mentioned in ground (d) of memo of appeal wherein it has been explained the reason on account of which he could not appear before the learned Tribunal. Learned Counsel for the respondent Insurance Company has been very cooperative and said that he has no objection in case the matter is remanded to the learned Tribunal in the interest of justice so as to give opportunity to lead evidence before the learned Tribunal.3. In view of the aforesaid and in the interest of justic...
Chetan Construction Company Vs. State and ors.
Court: Rajasthan
Decided on: Dec-01-2004
Reported in: 2005(3)ARBLR206(Raj); RLW2005(2)Raj996; 2005(1)WLC484
Ajay Rastogi, J.1. The present writ petition has been filed by the petitioner against the order of the learned Single Judge dated 15.1.2004 (Ex.10) whereby the arbitration application No. 79/2002 preferred by him under Section 11 of the Arbitration & Conciliation Act, 1996 (Hereinafter to be referred in short as 'the Act of 1996') was dismissed.2. The legislative intent underlying the Act of 1996, is to minimise the supervisory role of the courts in the arbitral process and nominate/appoint the arbitrator without wasting time, leaving all contentious issues to be urged and agitated before the Arbitral Tribunal itself. Even under the old law, common sense approach alone was commended for being adopted in construing an arbitration clause more to perpetuate the intention of parties to get their disputes resolved through the alternate disputes redressal method of arbitration.3. Brief facts of the case are that the petitioner is a sole proprietorship firm and is involved in constructions bu...
Kashi Behan and ors. Vs. Dhanna Singh and ors.
Court: Rajasthan
Decided on: Dec-01-2004
Reported in: 2006ACJ1310
Dalip Singh, J.1. These appeals arise out of the same award dated 2.2.1995 passed by Motor Accidents Claims Tribunal, Dausa arising out of Claim Petition No. 6 of 1993 filed by the appellant on account of death of Prabhat Singh, husband of Kashi Behan appellant No. 1 and father of appellant Nos. 2 to 7 in Claim Petition No. 7 of 1993 filed by Chattar Singh and his wife for the death of their son Upendra Singh who died as a result of the motor accident involving jeep No. GJ 17-A 7763 in which the deceased were travelling and which was struck by the truck No. PB 10-E 9109. As a result of the said accident the deceased persons Prabhat Singh and Upendra Singh received multiple injuries and died as a result thereof. Since these two appeals are arising out of the same award, therefore, they are being heard and decided together.C.M.A. No. 517 of 1995:2. The submission of the learned Counsel for the appellants is that in the case of C.M.A. No. 517 of 1995 filed by Kashi Behan for the death of ...
Sharda and ors. Vs. Gopal and ors.
Court: Rajasthan
Decided on: Dec-01-2004
Reported in: II(2005)ACC865; 2006ACJ2634
Dalip Singh, J.1. This appeal has been filed against the award dated 5.5.1994 passed by the Motor Accidents Claims Tribunal, Neem-ka-Thana, District Sikar (hereinafter referred to as 'the Tribunal') in Claim Petition No. 20 of 1989 by which a sum of Rs. 3,64,360 has been awarded as compensation to the appellants.2. The brief facts giving rise to this appeal are that one Chiranji Lal deceased was travelling in a jeep bearing registration No. ROQ 164 being driven by Gopal, driver, respondent No. 1 which met with an accident as a result of which Chiranji Lal deceased suffered injuries and on account of said injuries he died in the said accident. The appellants are the legal representatives of the deceased Chiranji Lal. The deceased at the time of accident was employed as a Telephone Operator in the P&T; Department and drawing a salary of Rs. 1,611 per month. The learned Tribunal taking into consideration the future prospects of service and particularly, the fact that he was employed in a ...
Prirtam Chand and ors. Vs. Sita Ram and ors.
Court: Rajasthan
Decided on: Dec-01-2004
Reported in: 3(2005)ACC267
Dalip Singh, J.1. These two appeals arise out of the same award passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur dated 27.9.1994 whereby for the death of Sushil Kumar a Claim Petition No. 391/1991 has been decided and for the death of Ajay Singh in the same accident of claim Petition No. 117/1991 has been decided by awarding a sum of Rs. 80,000/- as compensation and both the deceased persons were aged 18 and 19 years respectively.2. The submission of the learned Counsel for the appellants is that in the case of Ajay Singh, the evidence had been led by production of certificate to show the income of the deceased as Rs. 2,500/- per month which is (Ex. P.10) on record but the learned Tribunal disbelieved the said evidence and in arbitrary manner decided the case granting the lump sum payment of Rs. 80,000/- for the loss of income of the deceased.3. The case of the appellant so far as the claim arising out of the death of Sushil Kumar is also similar and in his case the ce...
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